Florida Foreclosure Defense
Foreclosures may be defended at two stages – pre- and post-suit.
If you are behind on your mortgage payments (or are thinking of surrendering your house back to the bank), but have not yet been served with a notice of foreclosure, you are in pre-suit status. You may retain us for a low fee to walk you through the process and advise you as to your options (there are many!) at this stage.
Florida is a judicial foreclosure state, which means that a civil action must be commenced in order to foreclose upon a delinquent loan. The lender will file a lawsuit against the delinquent borrower and seek to involuntarily force the sale of the borrower’s home or real estate at a public auction to the highest bidder present on that day.
The proceeds of the sale will be delivered to the lender to pay all remaining amounts owed on the delinquent mortgage. If there are no bids at the foreclosure sale, the lender will be permitted to take title to the property or home, at which time the lender will attempt to sell the home or real estate on the open market to recover its mortgage debt.
Once you are served with a foreclosure complaint, there is a very short time (20 days) to respond. You must, therefore, act quickly to retain us. For a low fee, we will immediately file an answer to the complaint and then continue to advise you through the process, offering you many options based on whether you wish to retain or surrender your home.